CrowdStreet, Inc. v. Nitya Capital, LLC

Filing 24

ORDER: Granting Motion for a Preliminary Injunction #22 . See attached order for details. Signed on 1/8/21 by Judge Karin J. Immergut. (jy)

Case 3:20-cv-02051-IM

Document 24

Filed 01/08/21

Page 1 of 3

Amy Edwards, OSB No. 012492
[e-mail]
Samantha K. Sondag, OSB No. 154244
[e-mail]
STOEL RIVES LLP
760 SW Ninth Avenue, Suite 3000
Portland, OR 97205
Telephone: [phone]
Facsimile: 503.220.2480
Attorneys for Plaintiff
Nancy M. Erfle, OSB No. 902570
[e-mail]
David M. Merryman, OSB No. 181785
[e-mail]
Gordon Rees Scully Mansukhani, LLP
1300 SW Fifth Avenue, Suite 2000
Portland, OR 97201
Telephone: [phone]
Facsimile: 503.616.3600
Attorneys for Defendant

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

CROWDSTREET, INC., a Delaware
corporation,
Plaintiff,
v.
NITYA CAPITAL, LLC, a Texas limited
liability company,

Case No.: 3:20-cv-02051-IM

PRELIMINARY INJUNCTION AND
ORDER COMPELLING
ARBITRATION AND STAYING
CASE

Defendant.
Page 1

- PRELIMINARY INJUNCTION AND ORDER COMPELLING
ARBITRATION AND STAYING CASE

109339194.1 0056994-00013

Case 3:20-cv-02051-IM

Document 24

Filed 01/08/21

Page 2 of 3

This matter came before the Court on the Joint Motion for Preliminary Injunction and
Order Compelling Arbitration and Staying Case filed by Plaintiff CrowdStreet, Inc. (“Plaintiff”)
and Defendant Nitya Capital LLC ("Defendant" and the "Motion", respectively).
Being fully advised, the Court orders as follows:
Defendant, including its agents, representatives, successors or assigns, and all persons
acting in concert or in participation, is preliminarily enjoined from soliciting, or otherwise
communicating about investment opportunities or Nitya’s crowdfunding platform with, the
CrowdStreet Users identified in Exhibit A, attached to the Motion, unless Defendant first
presents Plaintiff with evidence that such Users have affirmatively opted in to receive
communications from Defendant, in which case and no earlier than five (5) business days after
such evidence is provided to Plaintiff, Defendant may communicate with and accept investment
funds from such User.
This Order was entered into as a compromise, and except to enforce its terms, this Order
shall not be used as evidence in any proceeding for any purpose.
The claims are compelled to arbitration and this case is stayed while the Parties resolve
Plaintiff’s claims in arbitration.
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PRELIMINARY INJUNCTION AND ORDER COMPELLING
ARBITRATION AND STAYING CASE

109339194.1 0056994-00013

Case 3:20-cv-02051-IM

Document 24

Filed 01/08/21

Page 3 of 3

This Order shall remain in effect, and this Court retains jurisdiction to enforce any
violations of this Order, until this action is terminated. Plaintiff shall not be required to pursue
any interim or other relief from the arbitration panel before seeking to enforce this Order in this
Court, including without limitation by way of a motion for contempt.
IT IS SO ORDERED.
January 8, 2021

Hon. Karin J. Immergut
PRESENTED BY:

/s/ Amy Edwards
Amy Edwards, OSB No. 012492
[e-mail]
Samantha K. Sondag, OSB No. 154244
[e-mail]
Of Attorneys for Plaintiff

/s/ Michael E. Richardson
Nancy M. Erfle, OSB No. 902570
[e-mail]
David M. Merryman, OSB No. 181785
[e-mail]
Michael E. Richardson, admitted Pro Hac Vice
[e-mail]
Alyssa B. McDaniel, admitted Pro Hac Vice
[e-mail]
Of Attorneys for Defendant

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- PRELIMINARY INJUNCTION AND ORDER COMPELLING
ARBITRATION AND STAYING CASE

109339194.1 0056994-00013